Diddy Case: Prosecutors No Longer Planning to Proceed on Attempted Kidnapping and Arson Theories

Prosecutors in Diddy’s federal case said this week they are “no longer planning to proceed” on theories of liability including attempted kidnapping and attempted arson.

As seen in a filing dated June 24, excerpted below, the government told Judge Arun Subramanian that it had “removed instructions” for jurors from the charge relating to attempted kidnapping under California and New York law; attempted arson under California law; and aiding and abetting sex trafficking.

“The government is no longer planning to proceed on these theories of liability so instructions are no longer necessary,” the eight-page filing reads.

Furthermore, prosecutors say they’ve made efforts to “simplify the language” as it pertains to racketeering conspiracy. In short, the key takeaway from Tuesday’s letter from prosecutors is that jurors are tasked with deciding two crucial items when it comes to the RICO charge, namely whether a criminal enterprise existed in the first place and whether said enterprise committed at least two crimes. Prosecutors say they will no longer be pursuing the aforementioned theories as potential crimes under jury consideration.

In its own letter, also filed Tuesday, the defense team said it “strenuously objects” to prosecutors’ proposed additions to the case’s sex trafficking instructions for jurors. According to Diddy’s lawyers, these proposed changes are “unbalanced” and “legally unsupported.” The defense also called into question the forced labor argument, suggested tweaks to the language surrounding alleged drug possession, and more.

In court on Tuesday, Alexandra Shapiro, an attorney for Diddy, argued that prosecutors had “failed to prove the elements of the racketeering conspiracy” as charged in the case. Per Shapiro, there are “at least three” elements of this alleged offense the government has failed to adequately prove, including whether Diddy ever “knowingly and willfully” entered into an agreement to violate RICO.

Shapiro went on to speak at length about the specific issues Diddy's legal team has with the racketeering allegation, citing “insufficient proof” and a lack of a co-conspirator.

Complex’s Shawn Setaro has been providing consistent on-the-ground reporting from Diddy’s New York trial, which earlier this month saw the artist formerly known as Kanye West paying a brief visit. Initially, the defense team was expected to call a number of witnesses after the government rested its case. However, this ultimately did not happen, with Diddy instead praising Subramanian on Tuesday for “doing an excellent job” while confirming that he too would not be testifying.

With deliberations now likely just days away from kicking off in earnest, speculation returns to what sentence, if any, Diddy may receive after jurors reach a decision. While the racketeering charge alone technically carries the possibility of a maximum sentence of life behind bars, such an outcome is not widely expected.